Supreme Court of India · 1964-04-15
RUP CHAND GUPTA vs RAGHUVANSHI PRIVATE LIMITED & ANR.
- Citation / case number
- SC 1964/90261
- Court
- Supreme Court of India
- Petitioner
- RUP CHAND GUPTA
- Respondent
- RAGHUVANSHI PRIVATE LIMITED & ANR.
- Bench
- GUPTA, K.C. DAS
Judgment text excerpt
The Supreme Court held that the absence of a party from a suit does not constitute collusion unless it is proven that the agreement to not defend was made with a dishonest intent. The Court clarified that a landlord can sue a lessee without impleading a sub-lessee, and such a decree binds the sub-lessee. The appellant's claim of collusion was rejected as he failed to prove any improper conduct, and the appellate court's decision was upheld.